CLA-2CO:R:C:T 951316 jlj
Mr. John Slagle
Director, Customs Laws & Regulations
Wolf D. Barth Co. Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 10153
RE: Classification of a woven polyester lanyard
Dear Mr. Slagle:
In your letter of March 9, 1992, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for a woven polyester lanyard
manufactured in Taiwan for your client, Woodstream Corporation.
You submitted a sample along with a small plastic box to be used
to carry fishermen's lures.
FACTS:
The submitted sample is a woven narrow polyester fabric
carrying cord which is formed into two loops by means of metal
crimped to hold the fabric. A chrome plated 1-3/4 inch clip is
attached.
The lanyard is used by fishermen to carry a lure box. It is
attached to the lure box and looped around the fisherman's belt.
ISSUE:
What is the HTSUSA classification of this merchandise?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order. GRI 1 provides that classification shall be according
to the terms of the headings and any relative section or chapter
notes.
GRI 3, HTSUSA, deals with composite goods. GRI 3 (b) states
that "...composite goods consisting of different materials or
made up of different components...shall be classified as if they
consisted of the material or component which gives them their
essential character...." The instant lanyard consists of two
types of components, the metal crimp/metal clip and the polyester
cord, therefore the lanyard is a composite article.
The Explanatory Notes (EN), although not legally binding,
are the official international interpretation of the Harmonized
System. The EN for GRI 3 (b) state as follows:
The factor which determines essential character will
vary as between different kinds of goods. It may, for
example, be determined by the nature of the material or
component, its bulk, quantity, weight or value, or by
the role of a constituent material in relation to the
use of the goods." [Emphasis added.]
Following this rationale, the function of the lanyard is to
connect the plastic box with the fishermen's belt. The polyester
cord serves this function, not the bit of metal crimping the
fabric nor the metal clip. Under GRI 3 (b), the essential
character of the lanyard is clearly constituted by the polyester
cord, not the metal components.
The next question is where within Section XI, which provides
for textile materials and goods, the lanyard belongs. Heading
6217, HTSUSA, provides for other made up textile clothing
accessories. The EN for Heading 6217 state that this heading
includes lanyards. While the term "lanyard" commonly refers to
any of various small cords or ropes for securing or suspending
something about the neck, its use in the EN for Heading 6217 as
an example of clothing acessories denotes the type of article
generally associated with the colored single strand worn on the
left shoulder of a military uniform as a decoration. Such items,
designed as accessories for use with wearing apparel, are
distinguishable from those used principally as a means of
securing or suspending articles from the neck or waist.
Customs has held that, in order to be classified as a
clothing accessory, an article must be clearly intended for use
solely or principally as an accessory to clothing. Items used
solely or principally for other purposes would not be classified
as accessories and would not fall in Heading 6217, HTSUSA. See
Customs Headquarters Ruling Letter (HRL) 950659 of January 21,
1992.
The lanyard is attached to both the lure box and the
fisherman's belt loop. Although lanyards are named in the
Explanatory Note for Heading 6217, this lanyard would not be
classified in Heading 6217 because it is primarily designed to
perform the function of attaching the lure box to the wearer's
belt loop.
Heading 6307, HTSUSA, provides for other made up articles of
textiles. Section Note 7 (e) of Section XI. which covers
textiles and textile articles, states as follows:
7. For the purposes of this Section, the expression
"made up" means:
* * *
(e) Assembled by sewing, gumming or otherwise....
In this instance, the narrow textile fabric has been formed
into two loops, one large and one small, by means of the crimped
metal band. The metal clip is then attached to the small loop,
which is attached to the box, while the large loop is attached to
the wearer's belt. Accordingly, the carrying strap qualifies as a
"made up" article.
The Explanatory Note regarding Heading 6307 states:
This heading covers made up articles of any textile
material which are not included more specifically in
other headings of Section XI or elsewhere in the
Nomenclature.
Since this lanyard is not covered by a more specific heading, it
is classified in Heading 6307, HTSUSA.
HOLDING:
The instant lanyard is classified in subheading
6307.90.9986, HTSUSA, which provides for other made up articles:
other and which is dutiable at the rate of 7 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director